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Corporate Counsel Supreme Court of the United States

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Embedded Tweets Violate Exclusive Display Right, Setting Up Possible Showdown at SCOTUS, and Cause Uncertainty for Website...

by Wilson Elser on

Finding that drafters of the Copyright Act amendments in 1976 foreshadowed the technological advances that were coming, on February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial...more

SCOTUS Narrows Dodd-Frank Whistleblower Protections, May Trigger Increased Reports to the SEC

by Fenwick & West LLP on

In a unanimous ruling in Digital Realty Trust v. Somers, the U.S. Supreme Court has narrowed whistleblower protections in the Dodd-Frank Act that shield employees who report potential securities law violations. As a result,...more

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

by Miller Canfield on

The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Put It in the CBA: Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested

On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more

“It Says What It Says”: Dodd-Frank Whistleblower Protection Requires SEC Reporting, SCOTUS Rules

On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments...more

Beware! A Trademark Trial and Appeals Board Decision Can Stop You in Your Tracks

by Knobbe Martens on

It has been a few years since the Supreme Court decision in the case B&B Hardware, Inc. v. Hargis Industries, Inc., and we are beginning to see the aftermath in the district courts. In B&B Hardware, the Supreme Court held...more

2017 eDiscovery Case Law Review

by Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

A Look Back at Significant Developments in Class Action Law in 2017

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

US Supreme Court to Hear International Case Involving Alleged Price Fixing

by Morgan Lewis on

Potentially impacting the reach of US antitrust enforcement, the Court will determine standards to apply in considering a foreign government's legal statement concerning the interpretation of its domestic law in price fixing...more

Spokeo v. Robins: The U.S. Supreme Court Declines An Encore Performance

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In deciding to deny certiorari to review Spokeo, Inc. v. Robins, No. 17-806 (U.S. 2017), the U.S. Supreme Court has declined to reconsider the standing principles it announced in its landmark 2016 Spokeo...more

Supreme Court To Consider Availability Of Extraterritorial Patent Infringement Damages

by Brooks Kushman P.C. on

On January 12, 2108, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States, or whether a...more

US Supreme Court to Review Physical Presence Requirement for Sales, Use Tax Collection

by Morgan Lewis on

The US Supreme Court agreed to hear South Dakota’s challenge to Quill Corp. v. North Dakota, setting the Court up to decide whether a retailer with no physical presence in a state is required to collect and remit sales and...more

Seyfarth’s 2018 Workplace Class Action Litigation Report Is Now Available!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. Please see full Publication below for more...more

The U.S. Supreme Court to Clarify the Application of American Pipe Tolling to Class Actions

• The U.S. Supreme Court granted a certiorari petition filed by China Agritech from the 9th Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). The Court will clarify whether its landmark ruling...more

Supreme Court Agrees to Decide Whether Statute of Limitations Bars Successive Class Actions

by Ballard Spahr LLP on

In China Agritech, Inc. v. Resh, the U.S. Supreme Court has agreed to decide an important and recurring class action issue that has divided the courts of appeals—does the tolling of the statute of limitations for class...more

Whistleblower Status Up For Debate Before SCOTUS: Digital Realty Trust Inc. v. Somers

The nation’s top court will soon decide a key aspect of how employers should handle employee complaints about possible fraud or financial wrongdoing in the company that may violate federal laws. These situations provide...more

The Supreme Court To Clarify Who Is A Whistleblower Under The Dodd-Frank Act; Employers Have A Reason To Be Hopeful

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following oral argument, employers can be cautiously optimistic that the U.S. Supreme Court will hold that the Dodd-Frank Act’s anti-retaliation protections apply only to those employees who have made a...more

SCOTUS Implements New Electronic Filing Guidelines

by Robins Kaplan LLP on

At long last, the Supreme Court of the United States has joined the rest of the federal court system in adopting electronic filing. As of November 13, 2017, attorneys filing documents with the Court must submit their...more

Is an Internal Whistleblower a “Whistleblower” Entitled to Anti-Retaliation Protection Under the Dodd-Frank Act?

Who is a “whistleblower” entitled to protection under the anti-retaliation provisions of the Dodd-Frank Act (the “Act”)? In Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will answer that question by...more

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

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